HomeMy WebLinkAboutResolution 2020-113 N.C.S. 07/06/2020Resolution No. 2020®113 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ESTABLISHING A TEMPORARY, DESIGNATED FORUM FOR SPEECH
PERMITTING THE AFFIXING OF SIGNS ON THE TENNIS COURT FENCES AT
LEGHORNS PARK AND/OR OTHER SPECIFIED CITY PROPERTY AND
PROHIBITING THE DEFACEMENT, DESTRUCTION OR REMOVAL OF
PERMITTED SIGNS IN ACCORDANCE WITH PETALUMA MUNICIPAL CODE
SECTIONS 18.04.030 AND 18.04.050
WHEREAS, in response to the killing of George Floyd, protests have occurred
throughout the country and the world, with continuing demonstrations thematizing issues of
racism, inequality, and police practices; and
WHEREAS, in Petaluma, community members have taken part in rallies, protests,
public meetings, sent messages to local leaders and generally engaged in political speech and
expressive activity calling for reforms and decrying racism and unequal treatment of members of
minority groups and in particular black people; and
WHEREAS, a group of Petaluma girls ages 11 to 14 have formed the Kindness
Committee and placed messages of kindness, compassion and hope using posters and tulle
messages woven into chain link fences, including messages such as: `Be Kind," `Be Bold,"
"Dream," and "Black Lives Matter" at locations such as McDowell School, a bike path near
Santa Rosa Junior College, Walnut Park, near the Cavanaugh Recreation Center, and the tennis
court fences at Leghorns Park; and
WHEREAS, a "Black Lives Matter" sign and a tulle message that the Kindness
Committee placed on the tennis court fence at Leghorns Park were removed by one or more
members of the public, the Kindness Committee replaced the sign and tulle message, the sign
and message were removed again, and the Kindness Committee replaced the sign and message
again, with the sign and message being placed, removed, and replaced again a total of at least
eight times; and
WHEREAS, Section 18.04.030 of the Petaluma Municipal Code provides:
No person shall throw; cast; scatter; deposit; affix; attach; place; paint; post; stick; stamp;
or otherwise distribute printed material or writings of any kind in or upon any public
sidewalk or curb; public street; or any other public building; public place; or public
property; or in or upon any lamppost; pole; traffic sign; fence; or other structure or
fixture; or tree or shrub; located in or on any public property; or in or upon any vehicle
parked on a public street or in any public parking lot; provided; that it shall not be
unlawful to hand out such material to any person who is willing to accept it; and it shall
not be unlawful to leave such material in any public place that is designated by the city as
a place permitted for such distribution; and
WHEREAS, Section 18.04.050 of the Petaluma Municipal Code entitled "Removal,
destruction or defacing signs prohibited," of the Petaluma Municipal Code provides:
Resolution No. 2020-113 N.C.S. Page I
It is unlawful for any person to deface, destroy or move any advertising signs erected in
compliance with the provisions of any provision of this code or other ordinance of the
city; and
WHEREAS, in Sonoma County, the Santa Rosa Police Department, Sonoma County
Sheriff's Office and Petaluma Police Department have announced a ban on carotid holds, and on
June 10, 2020, Sonoma County government and law enforcement leaders, including Petaluma
Police Chief Ken Savano, have pledged to reexamine local policing policies; and
WHEREAS, the City Council of the City of Petaluma stands with and supports those
community members and groups in decrying racism, bigotry and unequal treatment of members
of minority groups, and in opposing systemic discrimination based on peoples' status, such as
their race, ethnicity, national origin, sex, sexual orientation, education, socio-economic status,
housing status, immigration status, disability, or any other status, undermining the realization of
people's full human potential and denying the respect and dignity which all people regardless of
their status should expect, especially from their government institutions and officials, whose
fundamental duty is to serve all members of the public zealously, justly and equally in the
public's interest and in accordance with applicable law; and
WHEREAS, in this time of international, national, regional, and local examination of
government policies, including law enforcement policies, that may participate in, reinforce, or
maintain, intentionally or unintentionally, systemic, institutionalized practices that deny equal
access and opportunity and fair and just treatment for members of minority groups, the City
Council recognizes a particular need for robust, frank, earnest, and open discussion, and
increased and varied opportunities for exchanging ideas, viewpoints and priorities regarding
needed improvements in government practices, services and programs so that they support and
maintain a just, responsive, thriving and safe community for all community members; and
WHEREAS, the City Council applauds and supports the Petaluma Kindness Committee
members, who have set an example of sharing positive messages of kindness, hope, and
compassion, and of hearing and embracing calls for reform and support from members of the
population that have suffered from systemic discrimination and denial of opportunities afforded
to others; and
WHEREAS, creation of a designated forum permitting affixing of signs on the existing
tennis court fences at Leghorns Park and/or other specified City property is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15301
of the CEQA Guidelines as the operation, permitting, or minor alteration of existing public
structures or facilities involving negligible or no expansion of existing or former use, because
affixing of signs in accordance with this resolution would be for a finite period and not
permanently alter the fences or other public property or facilities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into
this resolution as findings of the City Council.
2. This resolution is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines as the
operation, permitting, or minor alteration of existing public structures or facilities
Resolution No. 2020-113 N.C.S. Page 2
involving negligible or no expansion of existing or former use, because affixing of
signs in accordance with this resolution would be for a finite period and not
permanently alter the tennis court fences or other facilities in Leghorns Park or other
specified locations on City property.
3. In accordance with the authority established in Section 18.04.030 of the Petaluma
Municipal Code, it shall be permitted and shall not be unlawful to affix signs on the
tennis court fences in Leghorns Park, and in in the City
of Petaluma, subject to the requirements of this resolution and other applicable law.
4. Signs permitted to be affixed in accordance with Section 18.04.030 and this
resolution may not be permanently affixed or affixed such that public property or
facilities are damaged or would be damaged upon removal of the signs in accordance
with this resolution.
5. Signs permitted to be affixed in accordance with Section 18.04.030 and this
resolution may only be affixed during times when the locations on City property
where such signs are permitted are open to the public.
6. While this resolution remains in effect it shall be unlawful to deface, destroy or
remove any signs affixed in accordance with this resolution, and any such unlawful
defacement, destruction or removal shall be subject to any and all applicable remedies
and penalties in the Petaluma Municipal Code or other applicable law.
7. Upon the expiration or termination of this resolution, the City may remove or have
removed from City property any and all signs affixed in accordance with Section
18.04.030 and this resolution without any notice or liability of any kind to any person
whatsoever, and any person or group affixing signs pursuant to Section 18.04.030 and
this resolution does so with the express understanding that the City may remove or
have removed such signs in accordance with this resolution, without notice or liability
of any kind, and such persons and groups by affixing signs pursuant to Section
18.04.030 and this resolution consent to such removal. The City may, upon
expiration or termination of this resolution, make available to persons or groups that
affixed signs pursuant to Section 18.04.030 and this resolution, the signs that person
or group affixed, in the as -is condition of the signs. However, nothing in this
resolution shall require or obligate the City to return signs upon the expiration or
termination of this resolution.
8. If any section, subsection, sentence, clause, phrase or work of this resolution is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by State legislation, such decision or legislation
shall not affect the validity of the remaining portions of this resolution. The City
Council of the City of Petaluma hereby declares that it would have passed and
adopted this resolution and each and all provisions thereof irrespective of the fact that
Resolution No. 2020-113 N.C.S. Page 3
any one or more of said provisions be declared unconstitutional, unlawful other
otherwise invalid.
9. This resolution shall become effective immediately upon the date of its adoption by
the Petaluma City Council, and expire without further action of the City Council
thirty (30) days later on August 6, 2020; except that, the City Manager in her sole
discretion may extend the effect of this resolution by an additional month until
September 15, 2020. Any other extension of this resolution shall require further
action by the City Council.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved
Council of the City of Petaluma at a Regular meeting on the 61h day of July 2020, by form:
the following vote:
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
NOES: None
ABSENT: None
ABSTAIN: None
&ao F
ATTEST:
City Clerk
Resolution No. 2020-113 N.C.S.
City Attorney
Mayor
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